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I gave a gentleman i gave my motorcycle to fix, he work on

Customer Question
I gave a gentleman i...
I gave a gentleman i gave my motorcycle to fix, he work on things on the side, he wrecked it. I have no insurance on it ( in florida motorcycle insurance is not required by law) at the time because it was not running. can i go after his insurance company? and or what are my legal options. keep in mind i live in florida
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: florida
JA: Has anything been filed or reported?
Customer: there was a police report filed, he was charged with careless driving, which he is fighting he sustained serious injury
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.Category: Legal
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Answered in 2 minutes by:
5/9/2017
Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 10,848
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 6 months ago

So the person drove the bike without permission and crashed it?

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Customer reply replied 6 months ago
No I never gave him permission to ride it.
Lawyer: legalgems, Lawyer replied 6 months ago

Generally an insurance company will pay if the driver caused the damages, even if they did not own the bike; however it depends on the particular insurance plan as insurance is a matter of contract law so the provisions of the particular plan will be controlling.

However, if they don't have insurance, they can be sued for damages done under a theory of negligence. Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

If less than $5,000 small claims is appropriate:

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

Otherwise suing in general civil court.

Normally one first sends a demand letter asking either for the cost of repair, or the replacement value of the bike. If they fail to settle then suit would need to be filed.

Many people are interested to settle because a judgment is quite damaging to a credit report.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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Lawyer: legalgems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html

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legalgems
legalgems
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Category: Legal
Satisfied Customers: 10,848
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